Coping with a loved one’s death is always difficult, especially if someone else’s negligence caused the loss. You are navigating grief and anger and do not know how to proceed. Luckily, you can pursue compensation for your loss.
A Jackson wrongful death lawyer could navigate a claim while you focus on healing. Our personal injury attorneys could fight tirelessly to uphold your rights and ensure full accountability. While no amount of money can undo your suffering, it can lift huge burdens and provide a new path forward.
Wrongful death occurs when someone dies due to a another’s unlawful act or negligence. Surviving family members, typically spouses, children, or parents, may bring a wrongful death case to seek compensation for their loss.
Common causes of wrongful death are:
Property owners have a legal obligation, also known as a “duty of “care”, to maintain safe conditions on their property and to warn guests about any known hazards that could cause an injury. When a property owner breaches their duty and someone is injured or killed, the owner may be held liable.
The workers’ compensation system provides advantages to employees injured or killed on the job. For example, surviving family members of an employee who died in a workplace accident may file a worker’s compensation claim. They may also file a wrongful death lawsuit against parties whose negligence or wrongful actions contributed to the death. This could include the employer and other third parties if a Jackson lawyer could prove that gross negligence or intentional misconduct contributed to the wrongful death.
State product liability laws hold manufacturers, distributors, and sellers liable for defective products that cause death. The three types of defects that can lead to liability claims are design defects, manufacturing defects, and marketing defects.
Mississippi Wrongful Death Act Title 11, Chapter 7, §§ 11-7-13 to 11-7-15 outlines who can bring a wrongful death claim. The Act reserves the right to file a claim for those closely related to the deceased person. If the deceased individual was married when they died, the surviving spouse usually has the exclusive right to file a claim.
If the spouse does not file a claim or is not living, the surviving children may file a claim instead, whether they are biological, adopted, or illegitimate.
If there is no spouse or children, the deceased person’s parents may file a wrongful death claim. A personal representative of the estate may file a claim if there are no spouses, children, or parents. The representative acts on behalf of the estate and distributes the damages according to the decedent’s will or intestate laws if the decedent dies without a will.
An attorney in Jackson could review the circumstances surrounding the wrongful death, consider the potential legal options, and define the rights and options available. During the investigation, our lawyers could gather evidence including medical records, witness statements, accident reconstruction reports, and police reports. This helps them determine potentially liable parties.
If there are grounds for a wrongful death claim, the attorney will file a lawsuit on behalf of the surviving family members or estate of the decedent. In many instances, the parties may negotiate to settle the case out of court.
If the parties cannot reach a settlement, then they will present their evidence and arguments before a judge or jury. The fact finders will determine whether the defendant or defendants are liable for the death and the amount of damages to be awarded.
While no amount of monetary damages can ever make up for your loved one’s tragic passing, it can help provide closure and financial stability during an unimaginable hardship. We could take on your case with a commitment to justice and help you receive the compensation you deserve. Call today to schedule your consultation with a Jackson wrongful death lawyer today.
(601) 624-7460